Page:Halsbury Laws of England v1 1907.pdf/711

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References under Order of Court.

II.

Sub-Sect.

4.

489

Conduct of the Reference. Sect.

1008. In the absence

of direction to the contrary, the referee or

arbitrator may fix the place for holding the reference make a peremptory appointment for the hearing [h).

(//),

and may

Court provide that, unless otherwise directed, he shall proceed with the trial de die in diem in a similar manner as but this rule is not imperative, and in actions tried with a jury (i) disregard of it will not in any case invalidate the proceedings (/<:). Moreover, it would seem that the rule is only intended to apply

The Rules

of

3.

References for Trial,

^

T~tinent

fo?^hearingl^



is to an official referee or some other officer of the Court (Z). At the hearing the evidence is taken and the proceedings are Procedure conducted in the same manner, as nearly as circumstances will ^earmg. admit, as trials are conducted before a judge

where the reference

Sub-Sect.

5.

at

Time for making Aiuard.

1009. It is not usual for any time to be fixed for a referee, on a No time If the cause or matter is usually fixed reference for trial, to give his decision. for decision. sent to an official referee it would take its place with other causes in his list, and, in the absence of any special order, come on for hearing in its turn. If for any reason a time should be fixed by the order of reference, and occasion should arise for enlarging the time, it would be necessary to apply to the Court to enlarge the time

{n),

Sub-Sect.

6.

Statement of Special Case.

1010. The referee may at any stage of the proceedings, and must by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference (o). The power and duty of a referee on if

so directed

a reference for trial are in this respect the same as those of an arbitrator under an ordinary submission to arbitration (p) but since it is open to any party to a reference for trial held pursuant to an order made under the Arbitration Act, 1889, to appeal against

{g) [h)

E. S. C, Ord. 36, r. 48. Baroness Weidock v. River Dee Co. (1883), 53 L. E. S.

J. (q. b.) 208.

Ord. 36, r. 48. {h) Robinson v. Robinson (1876), 35 L. T. 337. {I) E. S. C, Ord. 36, r. o5c, provides that rule 48 shall apply where any -cause or matter or any question or issue of fact therein is referred to an officer of the Court or to a special referee or arbitrator, subject to the proviso that " where the arbitrator is appointed otherwise than by an' order of the Court" the provisions as to sittint^ de die in diem shall not apply. In every reference for trial under the Arbitration Act, 1889, the order of reference appoints the referee or arbitrator but no special referee or arbitrator, that is, a referee or arbitrator who is not an official referee or officer of the Court, can be appointed unless the parties agree to his nomination and in that sense it may be said that any such special referee or arbitrator is appointed "otherwise than by an order of the Court." (m) E. S. C, Ord. 36, r. 49. (w) Arbitration Act, 1889 (52 & 53 Vict. c. 49), ss. 9, 16. Master has jurisdiction to enlarge the time (s. 21). See E. S. C, Ord. 54, r. 12a, (o) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 19. (j?) See p. 464, ante. {i)

0.,





A

Special case

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